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Bulawayo High Court
Habakuk Trust v Clerk of Parliament & Ors
HB 118/20
Case Details
Court
Bulawayo High Court
Date
18 June 2020
Citation
HB 118/20
Neutral Citation
[2020] ZWHB 118
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Constitutional LawAdministrative LawPublic Health Law
Keywords
constitutional amendment billpublic hearingsCOVID-19 lockdownpublic gatheringssection 328 constitution
Tags
constitutional amendmentpublic participationCOVID-19 regulationspublic health
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has power to stop a constitutional process mandated by the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Parliament's constitutional obligation under section 328"}
- {"issue_text":"Whether public hearings during COVID-19 lockdown posed unacceptable health risks","issue_type":"mixed","dispositive":"no","related_facts":"Lockdown regulations, SI 136/2020 exemptions, advertised safety measures"}
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background
Facts of the Case
Background
The applicant trust sought an urgent interdict to stop Parliament from conducting public hearings on Constitutional Amendment Bill No. 2, arguing that holding such gatherings during COVID-19 lockdown would endanger public health. Parliament argued it was constitutionally mandated to conduct the hearings and had put in place COVID-19 safety measures.
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